II 

118TH CONGRESS 

2D SESSION S. 5152 

To establish protections for individual rights with respect to computational 

algorithms, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24, 2024 

Mr. MARKEY (for himself and Ms. HIRONO) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To establish protections for individual rights with respect 

to computational algorithms, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Artificial Intelligence Civil Rights Act of 2024’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—CIVIL RIGHTS 

Sec. 101. Discrimination. 


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Sec. 102. Pre-deployment evaluations and post-deployment impact assessments. 

TITLE II—COVERED ALGORITHM AND CONTRACT STANDARDS 

Sec. 201. Covered algorithm standards. 

Sec. 202. Relationships between developers and deployers. 

Sec. 203. Human alternatives and other protections. 

TITLE III—TRANSPARENCY 

Sec. 301. Notice and disclosure. 

Sec. 302. Study on explanations regarding the use of covered algorithms. 

Sec. 303. Consumer awareness. 

TITLE IV—ENFORCEMENT 

Sec. 401. Enforcement by the Commission. 

Sec. 402. Enforcement by States. 

Sec. 403. Private right of action. 

Sec. 404. Severability. 

Sec. 405. Rules of construction. 

TITLE V—FEDERAL RESOURCES 

Sec. 501. Occupational series relating to algorithm auditing. 

Sec. 502. United States Digital Service algorithm auditors. 

Sec. 503. Additional Federal resources. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COLLECT; COLLECTION.—The terms ‘‘col4 lect’’ and ‘‘collection’’, with respect to personal data, 

5 mean buying, renting, gathering, obtaining, receiv6 ing, accessing, or otherwise acquiring such data by 

7 any means. 

8 (2) COMMISSION.—The term ‘‘Commission’’ 

9 means the Federal Trade Commission. 

10 (3) CONSEQUENTIAL ACTION.—The term ‘‘con11 sequential action’’ means an act that is likely to 

12 have a material effect on, or to materially contribute 

13 to, access to, security and authentication relating to, 


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1 eligibility for, cost of, terms of, or conditions related 

2 to any of the following: 

3 (A) Employment, including hiring, pay, 

4 independent contracting, worker management, 

5 promotion, and termination. 

6 (B) Education and vocational training, in7 cluding assessment, proctoring, promotion of 

8 academic integrity, accreditation, certification, 

9 admissions, and provision of financial aid and 

10 scholarships. 

11 (C) Housing and lodging, including rental 

12 and short-term housing and lodging, home ap13 praisals, rental subsidies, and publicly sup14 ported housing. 

15 (D) Essential utilities, including electricity, 

16 heat, water, municipal trash or sewage services, 

17 internet and telecommunications service, and 

18 public transportation. 

19 (E) Health care, including mental health 

20 care, and dental, vision, and adoption services. 

21 (F) Credit, banking, and other financial 

22 services. 

23 (G) Insurance. 

24 (H) Actions of the criminal justice system, 

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1 migration enforcement, border control (vetting, 

2 screening, and inspection), child protective serv3 ices, child welfare, and family services, includ4 ing risk and threat assessments, situational 

5 awareness and threat detection, investigations, 

6 watchlisting, bail determinations, sentencing, 

7 administration of parole, surveillance, use of 

8 unmanned vehicles and machines, and pre9 dictive policing. 

10 (I) Legal services, including court-ap11 pointed counsel services and alternative dispute 

12 resolution services. 

13 (J) Elections, including voting, redis14 tricting, voter eligibility and registration, sup15 port or advocacy for a candidate for Federal, 

16 State, or local office, distribution of voting in17 formation, election security, and election admin18 istration. 

19 (K) Government benefits and services, as 

20 well as identity verification, fraud prevention, 

21 and assignment of penalties. 

22 (L) A public accommodation. 

23 (M) Any other service, program, product, 

24 or opportunity which has a comparable legal, 

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1 dividual’s life as determined by the Federal 

2 Trade Commission through rules promulgated 

3 pursuant to section 553 of title 5, United 

4 States Code. 

5 (4) COVERED ALGORITHM.— 

6 (A) IN GENERAL.—The term ‘‘covered al7 gorithm’’ means a computational process de8 rived from machine learning, natural language 

9 processing, artificial intelligence techniques, or 

10 other computational processing techniques of 

11 similar or greater complexity, that, with respect 

12 to a consequential action— 

13 (i) creates or facilitates the creation of 

14 a product or information; 

15 (ii) promotes, recommends, ranks, or 

16 otherwise affects the display or delivery of 

17 information that is material to the con18 sequential action; 

19 (iii) makes a decision; or 

20 (iv) facilitates human decision mak21 ing. 

22 (B) MODIFIED DEFINITION BY RULE23 MAKING.—The Commission may promulgate 

24 regulations under section 553 of title 5, United 

25 States Code, to modify the definition of the 


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1 term ‘‘covered algorithm’’ as the Commission 

2 considers appropriate. 

3 (5) COVERED LANGUAGE.—The term ‘‘covered 

4 language’’ means the 10 languages with the most 

5 speakers in the United States, according to the most 

6 recent data collected by the United States Census 

7 Bureau. 

8 (6) DE-IDENTIFIED DATA.—The term ‘‘de-iden9 tified data’’ means information— 

10 (A) that does not identify and is not linked 

11 or reasonably linkable to an individual or a de12 vice, regardless of whether the information is 

13 aggregated; and 

14 (B) with respect to which any developer or 

15 deployer using such information— 

16 (i) takes reasonable technical meas17 ures to ensure that the information cannot, 

18 at any point, be used to re-identify any in19 dividual or device that identifies or is 

20 linked or reasonably linkable to an indi21 vidual; 

22 (ii) publicly commits in a clear and 

23 conspicuous manner— 

24 (I) to process and transfer the 

25 information solely in a de-identified 


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1 form without any reasonable means 

2 for re-identification; and 

3 (II) to not attempt to re-identify 

4 the information with any individual or 

5 device that identifies or is linked or 

6 reasonably linkable to an individual; 

7 and 

8 (iii) contractually obligates any person 

9 that receives the information from the de10 veloper or deployer— 

11 (I) to comply with all of the pro12 visions of this paragraph with respect 

13 to such information; and 

14 (II) to require that such contrac15 tual obligations be included in all sub16 sequent instances for which the infor17 mation may be received. 

18 (7) DEPLOYER.— 

19 (A) IN GENERAL.—The term ‘‘deployer’’ 

20 means any person, other than an individual act21 ing in a non-commercial context, that uses a 

22 covered algorithm in or affecting interstate 

23 commerce. 


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1 (B) RULE OF CONSTRUCTION.—The terms 

2 ‘‘deployer’’ and ‘‘developer’’ shall not be inter3 preted to be mutually exclusive. 

4 (8) DEVELOPER.— 

5 (A) IN GENERAL.—The term ‘‘developer’’ 

6 means any person, other than an individual act7 ing in a non-commercial context, that designs, 

8 codes, customizes, produces, or substantially 

9 modifies an algorithm that is intended or rea10 sonably likely to be used as a covered algorithm 

11 for such person’s own use, or use by a third 

12 party, in or affecting interstate commerce. 

13 (B) ASSUMPTION OF DEVELOPER RESPON14 SIBILITIES.—In the event that a deployer uses 

15 an algorithm as a covered algorithm, and no 

16 person is considered the developer of the algo17 rithm for purposes of subparagraph (A), the 

18 deployer shall be considered the developer of the 

19 covered algorithm for the purposes of this Act. 

20 (C) RULE OF CONSTRUCTION.—The terms 

21 ‘‘developer’’ and ‘‘deployer’’ shall not be inter22 preted to be mutually exclusive. 

23 (9) DISPARATE IMPACT.— 

24 (A) IN GENERAL.—The term ‘‘disparate 

25 impact’’ means an unjustified differential effect 


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1 on an individual or group of individuals on the 

2 basis of an actual or perceived protected char3 acteristic. 

4 (B) UNJUSTIFIED DIFFERENTIAL EF5 FECT.—For purposes of subparagraph (A), with 

6 respect to the action, policy, or practice of a 

7 person, a differential effect is unjustified if— 

8 (i) the person fails to demonstrate 

9 that such action, policy, or practice caus10 ing the differential effect is necessary to 

11 achieve a substantial, legitimate, and non12 discriminatory interest; or 

13 (ii) in the event the person dem14 onstrates such interest, an alternative ac15 tion, policy, or practice could serve such in16 terest with less differential effect. 

17 (C) APPLICATION TO COVERED ALGO18 RITHMS.—With respect to demonstrating that a 

19 covered algorithm causes or contributes to a 

20 differential effect, the covered algorithm is pre21 sumed to be not separable for analysis and may 

22 be analyzed holistically as a single action, pol23 icy, or practice, unless the developer or deployer 

24 proves that the covered algorithm is separable 

25 by a preponderance of the evidence. 


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1 (10) HARM.—The term ‘‘harm’’, with respect to 

2 a consequential action, means a non-de minimis ad3 verse effect on an individual or group of individ4 uals— 

5 (A) on the basis of a protected char6 acteristic; 

7 (B) that involves the use of force, coercion, 

8 harassment, intimidation, or detention; or 

9 (C) that involves the infringement of a 

10 right protected under the Constitution of the 

11 United States. 

12 (11) INDEPENDENT AUDITOR.— 

13 (A) IN GENERAL.—The term ‘‘independent 

14 auditor’’ means an individual that conducts a 

15 pre-deployment evaluation or impact assessment 

16 of a covered algorithm in a manner that exer17 cises objective and impartial judgment on all 

18 issues within the scope of such evaluation or as19 sessment. 

20 (B) EXCLUSION.—An individual is not an 

21 independent auditor of a covered algorithm if 

22 such individual— 

23 (i) is or was involved in using in a 

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1 censing, or deploying the covered algo2 rithm; 

3 (ii) at any point during the pre-de4 ployment evaluation or impact assessment, 

5 has an employment relationship (including 

6 a contractor relationship) with a developer 

7 or deployer that uses, offers, or licenses 

8 the covered algorithm; or 

9 (iii) at any point during the pre-de10 ployment evaluation or impact assessment, 

11 has a direct financial interest or a material 

12 indirect financial interest in a developer or 

13 deployer that uses, offers, or licenses a cov14 ered algorithm, not including routine pay15 ment for the auditing services described in 

16 subparagraph (A). 

17 (12) INDIVIDUAL.—The term ‘‘individual’’ 

18 means a natural person in the United States. 

19 (13) PERSONAL DATA.— 

20 (A) IN GENERAL.—The term ‘‘personal 

21 data’’— 

22 (i) means information that identifies 

23 or is linked or reasonably linkable, alone or 

24 in combination with other information, to 

25 an individual or an individual’s device; and 


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1 (ii) shall include derived data and 

2 unique persistent identifiers. 

3 (B) EXCLUSION.—The term ‘‘personal 

4 data’’ does not include de-identified data. 

5 (14) PROCESS.—The term ‘‘process’’, with re6 spect to personal data, means to conduct or direct 

7 any operation or set of operations performed on such 

8 data, including analyzing, organizing, structuring, 

9 retaining, storing, using, or otherwise handling such 

10 data. 

11 (15) PROTECTED CHARACTERISTIC.—The term 

12 ‘‘protected characteristic’’ means any of the fol13 lowing actual or perceived traits of an individual or 

14 group of individuals: 

15 (A) Race. 

16 (B) Color. 

17 (C) Ethnicity. 

18 (D) National origin or nationality. 

19 (E) Religion. 

20 (F) Sex (including a sex stereotype, preg21 nancy, childbirth, or a related medical condi22 tion, sexual orientation or gender identity, and 

23 sex characteristics, including intersex traits). 

24 (G) Disability. 

25 (H) Limited English proficiency. 


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1 (I) Biometric information. 

2 (J) Familial status. 

3 (K) Source of income. 

4 (L) Income level (not including the ability 

5 to pay for a specific good or service being of6 fered). 

7 (M) Age. 

8 (N) Veteran status. 

9 (O) Genetic information or medical condi10 tions. 

11 (P) Any other classification protected by 

12 Federal law. 

13 (16) PUBLIC ACCOMMODATION.— 

14 (A) IN GENERAL.—The term ‘‘public ac15 commodation’’ means— 

16 (i) a business that offers goods or 

17 services to the general public, regardless of 

18 whether the business is operated for profit 

19 or operates from a physical facility; 

20 (ii) a park, road, or pedestrian path21 way open to the general public; 

22 (iii) a means of public transportation; 

23 or 

24 (iv) a publicly owned or operated facil25 ity open to the general public. 


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1 (B) EXCLUSIONS.—The term ‘‘public ac2 commodation’’ does not include a private club 

3 or establishment described in section 101(b)(2). 

4 (17) STATE.—The term ‘‘State’’ means each of 

5 the 50 States, the District of Columbia, Puerto Rico, 

6 the United States Virgin Islands, Guam, American 

7 Samoa, and the Commonwealth of the Northern 

8 Mariana Islands. 

9 (18) STATE DATA PROTECTION AUTHORITY.— 

10 The term ‘‘State data protection authority’’ means 

11 an independent public authority of a State that su12 pervises, investigates, and regulates data protection 

13 and security law in the State, including handling 

14 complaints lodged against persons for violations of 

15 State and relevant Federal laws. 

16 (19) TRANSFER.—The term ‘‘transfer’’, with 

17 respect to personal data, means to disclose, release, 

18 disseminate, make available, license, rent, or share 

19 such data orally, in writing, electronically, or by any 

20 other means. 

21 TITLE I—CIVIL RIGHTS 

22 SEC. 101. DISCRIMINATION. 

23 (a) IN GENERAL.—A developer or deployer shall not 

24 offer, license, promote, sell, or use a covered algorithm in 

25 a manner that— 


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1 (1) causes or contributes to a disparate impact 

2 in; 

3 (2) otherwise discriminates in; or 

4 (3) otherwise makes unavailable, 

5 the equal enjoyment of goods, services, or other activities 

6 or opportunities, related to a consequential action, on the 

7 basis of a protected characteristic. 

8 (b) EXCEPTIONS.—This section shall not apply to— 

9 (1) the offer, licensing, or use of a covered algo10 rithm for the sole purpose of— 

11 (A) a developer’s or deployer’s self-testing 

12 (or auditing by an independent auditor at a de13 veloper’s or deployer’s request) to identify, pre14 vent, or mitigate discrimination, or otherwise to 

15 ensure compliance with obligations, under Fed16 eral law; or 

17 (B) expanding an applicant, participant, or 

18 customer pool to raise the likelihood of increas19 ing diversity or redressing historic discrimina20 tion; or 

21 (2) any private club or other establishment not 

22 in fact open to the public, as described in section 

23 201(e) of the Civil Rights Act of 1964 (42 U.S.C. 

24 2000a(e)). 


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1 SEC. 102. PRE-DEPLOYMENT EVALUATIONS AND POST-DE2 PLOYMENT IMPACT ASSESSMENTS. 

3 (a) PRE-DEPLOYMENT EVALUATIONS.—Prior to de4 ploying, licensing, or offering a covered algorithm (includ5 ing deploying a material change to a previously-deployed 

6 covered algorithm or a material change made prior to de7 ployment) for a consequential action, a developer or 

8 deployer shall conduct a pre-deployment evaluation in ac9 cordance with the following: 

10 (1) PRELIMINARY EVALUATION.— 

11 (A) PLAUSIBILITY OF HARM.— 

12 (i) DEVELOPERS.—The developer 

13 shall conduct a preliminary evaluation of 

14 the plausibility that any expected use of 

15 the covered algorithm may result in a 

16 harm. 

17 (ii) DEPLOYERS.—The deployer shall 

18 conduct a preliminary evaluation of the 

19 plausibility that any intended use of the 

20 covered algorithm may result in a harm. 

21 (B) RESULTS.—Based on the results of 

22 the preliminary evaluation, the developer or 

23 deployer shall— 

24 (i) in the event that a harm is not 

25 plausible, record a finding of no plausible 

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1 oper’s expected use or the deployer’s in2 tended use of the covered algorithm, how 

3 the preliminary evaluation was conducted, 

4 and an explanation for the finding, and 

5 submit such record to the Commission; and 

6 (ii) in the event that a harm is plau7 sible, conduct a full pre-deployment evalua8 tion as described in paragraph (2). 

9 (C) PREVIOUSLY-DEPLOYED COVERED AL10 GORITHMS.—When conducting a preliminary 

11 evaluation of a material change to, or new use 

12 of, a previously-deployed covered algorithm, the 

13 developer or deployer may limit the scope of the 

14 evaluation to whether use of the covered algo15 rithm may result in a harm as a result of the 

16 material change or new use. 

17 (2) FULL PRE-DEPLOYMENT EVALUATION.— 

18 (A) FOR DEVELOPERS.— 

19 (i) INDEPENDENT AUDITOR EVALUA20 TION.—If a developer determines a harm is 

21 plausible during the preliminary evaluation 

22 described in paragraph (1), the developer 

23 shall engage an independent auditor to 

24 conduct a pre-deployment evaluation. 


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1 (ii) PRE-DEPLOYMENT EVALUATION

2 REQUIREMENTS.—The evaluation required 

3 under clause (i) shall include a detailed re4 view and description, sufficient for an indi5 vidual having ordinary skill in the art to 

6 understand the functioning, risks, uses, 

7 benefits, limitations, and other pertinent 

8 attributes of the covered algorithm, includ9 ing— 

10 (I) the covered algorithm’s design 

11 and methodology, including the inputs 

12 the covered algorithm is designed to 

13 use to produce an output and the out14 puts the covered algorithm is designed 

15 to produce; 

16 (II) how the covered algorithm 

17 was created, trained, and tested, in18 cluding— 

19 (aa) any metric used to test 

20 the performance of the covered 

21 algorithm; 

22 (bb) defined benchmarks 

23 and goals that correspond to 

24 such metrics, including whether 

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1 tion of demographic groups that 

2 are reasonably likely to use or be 

3 affected by the covered algorithm 

4 in the data used to create or 

5 train the algorithm, and whether 

6 there was sufficient testing 

7 across such demographic groups; 

8 (cc) the outputs the covered 

9 algorithm actually produces in 

10 testing; 

11 (dd) a description of any 

12 consultation with relevant stake13 holders, including any commu14 nities that will be impacted by 

15 the covered algorithm, regarding 

16 the development of the covered 

17 algorithm, or a disclosure that no 

18 such consultation occurred; 

19 (ee) a description of which 

20 protected characteristics, if any, 

21 were used for testing and evalua22 tion, and how and why such 

23 characteristics were used, includ24 ing— 


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1 (AA) whether the test2 ing occurred in comparable 

3 contextual conditions to the 

4 conditions in which the cov5 ered algorithm is expected to 

6 be used; and 

7 (BB) if protected char8 acteristics were not available 

9 to conduct such testing, a 

10 description of alternative 

11 methods the developer used 

12 to conduct the required as13 sessment; 

14 (ff) any other computational 

15 algorithm incorporated into the 

16 development of the covered algo17 rithm, regardless of whether such 

18 precursor computational algo19 rithm involves a consequential ac20 tion; and 

21 (gg) a description of the 

22 data and information used to de23 velop, test, maintain, or update 

24 the covered algorithm, includ25 ing— 


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1 (AA) each type of per2 sonal data used, each source 

3 from which the personal 

4 data was collected, and how 

5 the each type of personal 

6 data was inferred and proc7 essed; 

8 (BB) the legal author9 ization for collecting and 

10 processing the personal 

11 data; and 

12 (CC) an explanation of 

13 how the data (including per14 sonal data) used is rep15 resentative, proportional, 

16 and appropriate to the devel17 opment and intended uses of 

18 the covered algorithm; 

19 (III) the potential for the covered 

20 algorithm to produce a harm or to 

21 have a disparate impact in the equal 

22 enjoyment of goods, services, or other 

23 activities or opportunities, and a de24 scription of such potential harm or 

25 disparate impact; 


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1 (IV) alternative practices and 

2 recommendations to prevent or miti3 gate harm and recommendations for 

4 how the developer could monitor for 

5 harm after offering, licensing, or de6 ploying the covered algorithm; and 

7 (V) any other information the 

8 Commission deems pertinent to pre9 vent the covered algorithm from caus10 ing harm or having a disparate impact 

11 in the equal enjoyment of goods, serv12 ices, or other activities or opportuni13 ties, as prescribed by rules promul14 gated by the Commission pursuant to 

15 section 553 of title 5, United States 

16 Code. 

17 (iii) REPORT.—The independent audi18 tor shall submit to the developer a report 

19 on the evaluation conducted under this 

20 subparagraph, including the findings and 

21 recommendations of such independent 

22 auditor. 

23 (B) FOR DEPLOYERS.— 

24 (i) INDEPENDENT AUDITOR EVALUA25 TION.—If a deployer determines a harm is 


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1 plausible during the preliminary evaluation 

2 described in paragraph (1), the deployer 

3 shall engage an independent auditor to 

4 conduct a pre-deployment evaluation. 

5 (ii) PRE-DEPLOYMENT EVALUATION

6 REQUIREMENTS.—The evaluation required 

7 under clause (i) shall include a detailed re8 view and description, sufficient for an indi9 vidual having ordinary skill in the art to 

10 understand the functioning, risks, uses, 

11 benefits, limitations, and other pertinent 

12 attributes of the covered algorithm, includ13 ing— 

14 (I) the manner in which the cov15 ered algorithm makes or contributes 

16 to a consequential action and the pur17 pose for which the covered algorithm 

18 will be deployed; 

19 (II) the necessity and proportion20 ality of the covered algorithm in rela21 tion to its planned use, including the 

22 intended benefits and limitations of 

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1 hanced or replaced by the covered al2 gorithm, if applicable; 

3 (III) the inputs that the deployer 

4 plans to use to produce an output, in5 cluding— 

6 (aa) the type of personal 

7 data and information used and 

8 how the personal data and infor9 mation will be collected, inferred, 

10 and processed; 

11 (bb) the legal authorization 

12 for collecting and processing the 

13 personal data; and 

14 (cc) an explanation of how 

15 the data used is representative, 

16 proportional, and appropriate to 

17 the deployment of the covered al18 gorithm; 

19 (IV) the outputs the covered al20 gorithm is expected to produce and 

21 the outputs the covered algorithm ac22 tually produces in testing; 

23 (V) a description of any addi24 tional testing or training completed by 

25 the deployer for the context in which 


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1 the covered algorithm will be de2 ployed; 

3 (VI) a description of any con4 sultation with relevant stakeholders, 

5 including any communities that will 

6 be impacted by the covered algorithm, 

7 regarding the deployment of the cov8 ered algorithm; 

9 (VII) the potential for the cov10 ered algorithm to produce a harm or 

11 to have a disparate impact in the 

12 equal enjoyment of goods, services, or 

13 other activities or opportunities in the 

14 context in which the covered algo15 rithm will be deployed and a descrip16 tion of such potential harm or dis17 parate impact; 

18 (VIII) alternative practices and 

19 recommendations to prevent or miti20 gate harm in the context in which the 

21 covered algorithm will be deployed and 

22 recommendations for how the deployer 

23 could monitor for harm after offering, 

24 licensing, or deploying the covered al25 gorithm; and 


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1 (IX) any other information the 

2 Commission deems pertinent to pre3 vent the covered algorithm from caus4 ing harm or having a disparate impact 

5 in the equal enjoyment of goods, serv6 ices, or other activities or opportuni7 ties as prescribed by rules promul8 gated by the Commission pursuant to 

9 section 553 of title 5, United States 

10 Code. 

11 (iii) REPORT.—The independent audi12 tor shall submit to the deployer a report on 

13 the evaluation conducted under this sub14 paragraph, including the findings and rec15 ommendations of such independent audi16 tor. 

17 (b) DEPLOYER ANNUAL IMPACT ASSESSMENT.— 

18 After the deployment of a covered algorithm, a deployer 

19 shall, on an annual basis, conduct an impact assessment 

20 in accordance with the following: 

21 (1) PRELIMINARY IMPACT ASSESSMENT.—The 

22 deployer shall conduct a preliminary impact assess23 ment of the covered algorithm to identify any harm 

24 that resulted from the covered algorithm during the 

25 reporting period and— 


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1 (A) if no resulting harm is identified by 

2 such assessment, shall record a finding of no 

3 harm, including a description of the developer’s 

4 expected use or the deployer’s intended use of 

5 the covered algorithm, how the preliminary 

6 evaluation was conducted, and an explanation 

7 for such finding, and submit such finding to the 

8 Commission; and 

9 (B) if a resulting harm is identified by 

10 such assessment, shall conduct a full impact as11 sessment as described in paragraph (2). 

12 (2) FULL IMPACT ASSESSMENT.—In the event 

13 that the covered algorithm resulted in harm during 

14 the reporting period, the deployer shall engage an 

15 independent auditor to conduct a full impact assess16 ment with respect to the reporting period, includ17 ing— 

18 (A) an assessment of the harm that re19 sulted or was reasonably likely to have been 

20 produced during the reporting period; 

21 (B) a description of the extent to which 

22 the covered algorithm produced a disparate im23 pact in the equal enjoyment of goods, services, 

24 or other activities or opportunities, including 

25 the methodology for such evaluation, of how the 


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1 covered algorithm produced or likely produced 

2 such disparity; 

3 (C) a description of the types of data input 

4 into the covered algorithm during the reporting 

5 period to produce an output, including— 

6 (i) documentation of how data input 

7 into the covered algorithm to produce an 

8 output is represented and complete de9 scriptions of each field of data; and 

10 (ii) whether and to what extent the 

11 data input into the covered algorithm to 

12 produce an output was used to train or 

13 otherwise modify the covered algorithm; 

14 (D) whether and to what extent the cov15 ered algorithm produced the outputs it was ex16 pected to produce; 

17 (E) a detailed description of how the cov18 ered algorithm was used to make a consequen19 tial action; 

20 (F) any action taken to prevent or mitigate 

21 harms, including how relevant staff are in22 formed of, trained about, and implement harm 

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1 itor for and prevent harm after offering, licens2 ing, or deploying the covered algorithm; and 

3 (G) any other information the Commission 

4 deems pertinent to prevent the covered algo5 rithm from causing harm or having a disparate 

6 impact in the equal enjoyment of goods, serv7 ices, or other activities or opportunities as pre8 scribed by rules promulgated by the Commis9 sion pursuant to section 553 of title 5, United 

10 States Code. 

11 (3) REPORTS.— 

12 (A) TO THE DEPLOYER.—After the en13 gagement of the independent auditor, the inde14 pendent auditor shall submit to the deployer a 

15 report on the impact assessment conducted 

16 under paragraph (2), including the findings and 

17 recommendations of such independent auditor. 

18 (B) TO THE DEVELOPER.—Not later than 

19 30 days after the submission of a report on an 

20 impact assessment under subparagraph (A), a 

21 deployer shall submit to the developer of the 

22 covered algorithm a summary of such report, 

23 subject to the trade secret and privacy protec24 tions described in subsection (e)(3). 


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1 (c) DEVELOPER ANNUAL REVIEW OF ASSESS2 MENTS.—A developer shall, on an annual basis, review 

3 each impact assessment summary submitted by a deployer 

4 of its covered algorithm under subsection (b)(3)(B) for the 

5 following purposes: 

6 (1) To assess how the deployer is using the cov7 ered algorithm, including the methodology for as8 sessing such use. 

9 (2) To assess the type of data the deployer is 

10 inputting into the covered algorithm to produce an 

11 output and the types of outputs the covered algo12 rithm is producing. 

13 (3) To assess whether the deployer is complying 

14 with any relevant contractual agreement with the de15 veloper and whether any remedial action is nec16 essary. 

17 (4) To compare the covered algorithm’s per18 formance in real-world conditions versus pre-deploy19 ment testing, including the methodology used to 

20 evaluate such performance. 

21 (5) To assess whether the covered algorithm is 

22 causing harm or is reasonably likely to be causing 

23 harm. 

24 (6) To assess whether the covered algorithm is 

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1 parate impact in the equal enjoyment of goods, serv2 ices, or other activities or opportunities, and, if so, 

3 how and with respect to which protected char4 acteristic. 

5 (7) To determine whether the covered algorithm 

6 needs modification. 

7 (8) To determine whether any other action is 

8 appropriate to ensure that the covered algorithm re9 mains safe and effective. 

10 (9) To undertake any other assessment or re11 sponsive action the Commission deems pertinent to 

12 prevent the covered algorithm from causing harm or 

13 having a disparate impact in the equal enjoyment of 

14 goods, services, or other activities or opportunities, 

15 as prescribed by rules promulgated by the Commis16 sion pursuant to section 553 of title 5, United 

17 States Code. 

18 (d) JOINT DEVELOPER AND DEPLOYER OBLIGA19 TIONS.—If a person is both the developer and deployer 

20 of a covered algorithm, the person may conduct combined 

21 pre-deployment evaluations and annual assessments, pro22 vided that each combined evaluation or assessment satis23 fies all requirements for both developers and deployers. 

24 (e) REPORTING AND RETENTION REQUIREMENTS.— 


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1 (1) REPORTING.—A developer or deployer that 

2 conducts a full pre-deployment evaluation, full im3 pact assessment, or developer annual review of as4 sessments shall— 

5 (A) not later than 30 days after comple6 tion, submit the evaluation, assessment, or re7 view to the Commission; 

8 (B) upon request, make the evaluation, as9 sessment, or review available to Congress; and 

10 (C) not later than 30 days after comple11 tion— 

12 (i) publish a summary of the evalua13 tion, assessment, or review on the website 

14 of the developer or deployer in a manner 

15 that is easily accessible to individuals; and 

16 (ii) submit such summary to the Com17 mission. 

18 (2) RETENTION.—A developer or deployer shall 

19 retain all evaluations, assessments, and reviews de20 scribed in this section for a period of not fewer than 

21 5 years. 

22 (3) TRADE SECRETS AND PRIVACY.—A devel23 oper or deployer— 

24 (A) may redact and segregate any trade 

25 secret (as defined in section 1839 of title 18, 


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1 United States Code) from public disclosure 

2 under this subsection; and 

3 (B) shall redact and segregate personal 

4 data from public disclosure under this sub5 section. 

6 (f) RULEMAKING.— 

7 (1) AUTHORITY.—The Commission may, in ac8 cordance with section 553 of title 5, United States 

9 Code, promulgate such rules as may be necessary to 

10 carry out this section. 

11 (2) ADDITIONAL REGULATIONS.—Not later 

12 than 18 months after the date of enactment of this 

13 Act, the Commission shall— 

14 (A) promulgate rules, pursuant to section 

15 553 of title 5, United States Code, specifying— 

16 (i) what information and factors a de17 veloper or deployer shall consider in mak18 ing the preliminary evaluation or prelimi19 nary impact assessment described in sub20 sections (a)(1) and (b)(1), respectively; 

21 (ii) what information a developer or 

22 deployer shall include in a summary of an 

23 evaluation, assessment, or developer review 

24 described in subsection (e)(1)(C); and 


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1 (iii) the extent to and process by 

2 which a developer may request additional 

3 information from a deployer, including the 

4 purposes for which a developer is per5 mitted to use such additional information; 

6 and 

7 (B) in promulgating such rules, consider 

8 the need to protect the privacy of personal data, 

9 as well as the need for information sharing by 

10 developers and deployers to comply with this 

11 section and inform the public. 

12 TITLE II—COVERED ALGORITHM 

13 AND CONTRACT STANDARDS 

14 SEC. 201. COVERED ALGORITHM STANDARDS. 

15 (a) COVERED ALGORITHM USE.—A developer or 

16 deployer shall do the following: 

17 (1) Take reasonable measures to prevent and 

18 mitigate any harm identified by a pre-deployment 

19 evaluation described in section 102(a) or an impact 

20 assessment described in section 102(b). 

21 (2) Take reasonable measures to ensure that an 

22 independent auditor has all necessary information to 

23 complete an accurate and effective pre-deployment 

24 evaluation described in section 102(a) or an impact 

25 assessment described in section 102(b). 


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1 (3) With respect to a covered algorithm, consult 

2 stakeholders, including any communities that will be 

3 impacted by the covered algorithm, regarding the de4 velopment or deployment of the covered algorithm 

5 prior to the deploying, licensing, or offering the cov6 ered algorithm. 

7 (4) With respect to a covered algorithm, certify 

8 that, based on the results of a pre-deployment eval9 uation described in section 102(a) or an impact as10 sessment described in section 102(b)— 

11 (A) use of the covered algorithm is not 

12 likely to result in harm or disparate impact in 

13 the equal enjoyment of goods, services, or other 

14 activities or opportunities; 

15 (B) the benefits from the use of the cov16 ered algorithm to individuals affected by the 

17 covered algorithm likely outweigh the harms 

18 from the use of the covered algorithm to such 

19 individuals; and 

20 (C) use of the covered algorithm is not 

21 likely to result in deceptive practices. 

22 (5) Ensure that any covered algorithm of the 

23 developer or deployer functions— 


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1 (A) at a level that would be considered rea2 sonable performance by an individual with ordi3 nary skill in the art; and 

4 (B) in a manner that is consistent with its 

5 expected and publicly-advertised performance, 

6 purpose, or use. 

7 (6) Ensure any data used in the design, devel8 opment, deployment, or use of the covered algorithm 

9 is relevant and appropriate to the deployment con10 text and the publicly-advertised purpose or use. 

11 (7) Ensure use of the covered algorithm as in12 tended is not likely to result in a violation of this 

13 Act. 

14 (b) DECEPTIVE MARKETING OF A PRODUCT OR

15 SERVICE.—It shall be unlawful for a developer or deployer 

16 to engage in false, deceptive, or misleading advertising, 

17 marketing, or publicizing of a covered algorithm of the de18 veloper or deployer. 

19 (c) OFF-LABEL USE.— 

20 (1) DEVELOPERS.—It shall be unlawful for a 

21 developer to knowingly offer or license a covered al22 gorithm for any consequential action other than 

23 those evaluated in the pre-deployment evaluation de24 scribed in section 102(a). 


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1 (2) DEPLOYERS.—It shall be unlawful for a 

2 deployer to knowingly use a covered algorithm for 

3 any consequential action other than a use evaluated 

4 in the pre-deployment evaluation described in section 

5 102(a), unless the deployer agrees to assume the re6 sponsibilities of a developer required by this Act. 

7 SEC. 202. RELATIONSHIPS BETWEEN DEVELOPERS AND 

8 DEPLOYERS. 

9 (a) DEVELOPER RESPONSIBILITIES.—A developer 

10 shall do the following: 

11 (1) Upon the reasonable request of the 

12 deployer, make available to the deployer information 

13 necessary to demonstrate the compliance of the 

14 deployer with the requirements of this Act, includ15 ing— 

16 (A) making available a report of the pre17 deployment evaluation described in section 

18 102(a) or the annual review of assessments con19 ducted by the developer under section 102(c); 

20 and 

21 (B) providing information necessary to en22 able the deployer to conduct and document a 

23 pre-deployment evaluation under section 102 

24 (a) or an impact assessment under section 

25 102(b). 


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1 (2) Either— 

2 (A) allow and cooperate with reasonable 

3 assessments conducted by the deployer or the 

4 deployer’s designated independent auditor; or 

5 (B) arrange for an independent auditor to 

6 conduct an assessment of the developer’s poli7 cies and practices in support of the obligations 

8 under this Act using an appropriate and accept9 ed control standard or framework and assess10 ment procedure for such assessments, and pro11 vide a report of such assessment to the deployer 

12 upon request. 

13 (b) CONTRACTS BETWEEN DEVELOPERS AND

14 DEPLOYERS.— 

15 (1) REQUIREMENTS.—A developer may offer or 

16 license a covered algorithm to a deployer pursuant 

17 to a written contract between the developer and 

18 deployer, provided that the contract— 

19 (A) clearly sets forth the data processing 

20 procedures of the developer with respect to any 

21 collection, processing, or transfer of data per22 formed on behalf of the deployer; 

23 (B) clearly sets forth— 

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1 oper or deployer in the context of the use 

2 of the covered algorithm; 

3 (ii) instructions for deploying the cov4 ered algorithm as intended; 

5 (iii) the nature and purpose of any 

6 collection, processing, or transferring of 

7 data; 

8 (iv) the type of data subject to such 

9 collection, processing, or transferring; 

10 (v) the duration of such processing of 

11 data; and 

12 (vi) the rights and obligations of both 

13 parties, including a method by which the 

14 developer shall notify the deployer of mate15 rial changes to its covered algorithm; 

16 (C) shall not relieve a developer or 

17 deployer of any requirement or liability imposed 

18 on such developer or deployer under this Act; 

19 (D) prohibits both the developer and 

20 deployer from combining data received from or 

21 collected on behalf of the other party with data 

22 the developer or deployer received from or col23 lected on behalf of another party; and 

24 (E) shall not prohibit a developer or 

25 deployer from raising concerns to any relevant 


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1 enforcement agency with respect to the other 

2 party. 

3 (2) RETENTION OF CONTRACT.—Each devel4 oper shall retain for a period of 10 years a copy of 

5 each contract entered into with a deployer to which 

6 it provides requested products or services. 

7 (c) RULE OF CONSTRUCTION.—For purposes of this 

8 section, any requirement for a developer to contract with, 

9 assist, and follow the instructions of a deployer shall be 

10 read to include a requirement to contract with, assist, and 

11 follow the instructions of a government entity if the devel12 oper is providing a service to a government entity. 

13 SEC. 203. HUMAN ALTERNATIVES AND OTHER PROTEC14 TIONS. 

15 (a) RIGHT TO HUMAN ALTERNATIVES.— 

16 (1) RULEMAKING.—Not later than 2 years after 

17 the date of enactment of this Act, the Commission 

18 shall promulgate regulations in accordance with sec19 tion 553 of title 5, United States Code, to identify 

20 the circumstances and manner in which a deployer 

21 shall provide to an individual a means to opt-out of 

22 the use of a covered algorithm for a consequential 

23 action and to elect to have the consequential action 

24 concerning the individual undertaken by a human 

25 without the use of a covered algorithm. 


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1 (2) CONSIDERATIONS.—In promulgating the 

2 regulations under paragraph (1), the Commission 

3 shall consider the following: 

4 (A) How to ensure that any notice or re5 quest from a deployer regarding the right to a 

6 human alternative is clear and conspicuous, in 

7 plain language, easy to execute, and at no cost 

8 to an individual. 

9 (B) How to ensure that any such notice to 

10 individuals is effective, timely, and useful. 

11 (C) The specific types of consequential ac12 tions for which a human alternative is appro13 priate, considering the magnitude of the action 

14 and risk of harm. 

15 (D) The extent to which a human alter16 native would be beneficial to individuals and the 

17 public interest. 

18 (E) The extent to which a human alter19 native can prevent or mitigate harm. 

20 (F) The risk of harm to individuals beyond 

21 the requestor if a human alternative is available 

22 or not available. 

23 (G) The technical and economic feasibility 

24 of providing a human alternative in different 

25 circumstances. 


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1 (H) Any other considerations the Commis2 sion deems appropriate to balance the need to 

3 give an individual control over a consequential 

4 action related to such individual with the prac5 tical feasibility and effectiveness of granting 

6 such control. 

7 (b) INDIVIDUAL AUTONOMY.—A developer or 

8 deployer may not condition, effectively condition, attempt 

9 to condition, or attempt to effectively condition the exer10 cise of any individual right under this Act or individual 

11 choice through— 

12 (1) the use of any false, fictitious, fraudulent, 

13 or materially misleading statement or representa14 tion; or 

15 (2) the design, modification, or manipulation of 

16 any user interface with the purpose or substantial 

17 effect of obscuring, subverting, or impairing a rea18 sonable individual’s autonomy, decision making, or 

19 choice to exercise any such right. 

20 (c) RIGHT TO APPEAL.— 

21 (1) RULEMAKING.—Not later than 2 years after 

22 the date of enactment of this Act, the Commission 

23 shall promulgate regulations in accordance with sec24 tion 553 of title 5, United States Code, to identify 

25 the circumstances and manner in which a deployer 


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1 shall provide to an individual a mechanism to appeal 

2 to a human a consequential action resulting from 

3 the deployer’s use of a covered algorithm. 

4 (2) CONSIDERATIONS.—In promulgating the 

5 regulations under paragraph (1), the Commission 

6 shall do the following: 

7 (A) Ensure that the appeal mechanism is 

8 clear and conspicuous, in plain language, easy9 to-execute, and at no cost to individuals. 

10 (B) Ensure that the appeal mechanism is 

11 proportionate to the consequential action. 

12 (C) Ensure that the appeal mechanism is 

13 reasonably accessible to individuals with disabil14 ities, timely, usable, effective, and non-discrimi15 natory. 

16 (D) Require, where appropriate, a mecha17 nism for individuals to identify and correct any 

18 personal data used by the covered algorithm. 

19 (E) Specify training requirements for 

20 human reviewers with respect to a consequen21 tial action. 

22 (F) Consider any other circumstances, pro23 cedures, or matters the Commission deems ap24 propriate to balance the need to give an indi25 vidual a right to appeal a consequential action 


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1 related to such individual with the practical fea2 sibility and effectiveness of granting such right. 

3 (d) PROHIBITION ON RETALIATION.— 

4 (1) IN GENERAL.—A developer or deployer may 

5 not discriminate or retaliate against an individual 

6 (including by denying or threatening to deny the 

7 equal enjoyment of goods, services, or other activi8 ties or opportunities in relation to a consequential 

9 action) because the individual exercised any right 

10 under this Act or refused to waive any such right. 

11 (2) RULES OF CONSTRUCTION.— 

12 (A) DIFFERENTIAL IN SERVICE OR

13 GOODS.—Nothing in this subsection shall pro14 hibit a developer or deployer from denying serv15 ice to an individual, charging an individual a 

16 different price or rate, or providing a different 

17 level or quality of goods or services to an indi18 vidual if the differential in service is necessary 

19 and directly related to the value provided to the 

20 developer or deployer by the covered algorithm. 

21 (B) LOYALTY PROGRAMS.—Nothing in this 

22 subsection shall prohibit a developer or deployer 

23 from offering loyalty, rewards, premium fea24 tures, discounts, or club card programs that 

25 provide benefits or rewards based on frequency 


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1 of patronizing, or the amount of money spent 

2 at, a business consistent with this Act. 

3 (e) WHISTLEBLOWER PROTECTION.—A developer or 

4 deployer may not, directly or indirectly, discharge, demote, 

5 suspend, threaten, harass, or otherwise discriminate or re6 taliate against an individual for reporting or attempting 

7 to report a violation of this Act. 

8 TITLE III—TRANSPARENCY 

9 SEC. 301. NOTICE AND DISCLOSURE. 

10 (a) IN GENERAL.—Each developer or deployer shall 

11 make publicly available, in plain language and in a clear, 

12 conspicuous, not misleading, easy-to-read, and readily ac13 cessible manner, a disclosure that provides a detailed and 

14 accurate representation of the developer or deployer’s 

15 practices regarding the requirements under this Act. 

16 (b) CONTENT OF DISCLOSURE.—The disclosure re17 quired under subsection (a) shall include, at a minimum, 

18 the following: 

19 (1) The identity and the contact information 

20 of— 

21 (A) the developer or deployer to which the 

22 disclosure applies (including the developer or 

23 deployer’s point of contact and electronic mail 

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1 cerning a covered algorithm or individual rights 

2 under this Act); and 

3 (B) any other entity within the same cor4 porate structure as the developer or deployer to 

5 which personal data is transferred by the devel6 oper or deployer. 

7 (2) A link to the website containing the devel8 oper or deployer’s summaries of pre-deployment 

9 evaluations, impact assessments, and annual review 

10 of assessments, as applicable. 

11 (3) The categories of personal data the devel12 oper or deployer collects or processes in the develop13 ment or deployment of a covered algorithm and the 

14 processing purpose for each such category. 

15 (4) Whether the developer or deployer transfers 

16 personal data, and, if so, each third party to which 

17 the developer or deployer transfers such data and 

18 the purpose for which such data is transferred, ex19 cept with respect to a transfer to a governmental en20 tity pursuant to a court order or law that prohibits 

21 the developer or deployer from disclosing such trans22 fer. 

23 (5) A prominent description of how an indi24 vidual can exercise the rights described in this Act. 


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1 (6) A general description of the developer or 

2 deployer’s practices for compliance with the require3 ments described in sections 102 and 201. 

4 (7) The following disclosure: 

5 ‘‘The audit of this algorithm was conducted to 

6 comply with the Artificial Intelligence Civil Rights 

7 Act of 2024, which seeks to avoid the use of any al8 gorithm that has a disparate impact on certain pro9 tected classes of individuals. The audit does not 

10 guarantee that this algorithm is safe or in compli11 ance with all applicable laws.’’. 

12 (8) The effective date of the disclosure. 

13 (c) LANGUAGES.—The disclosure required under sub14 section (a) shall be made available in each covered lan15 guage in which the developer or deployer operates or pro16 vides a good or service. 

17 (d) ACCESSIBILITY.—The disclosure required under 

18 subsection (a) shall be made available in a manner that 

19 is reasonably accessible to and usable by individuals with 

20 disabilities. 

21 (e) MATERIAL CHANGES.— 

22 (1) NOTIFICATION.—If a developer or deployer 

23 makes a material change to the disclosure required 

24 under subsection (a), the developer or deployer shall 


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1 notify each individual affected by such material 

2 change prior to implementing the material change. 

3 (2) REQUIREMENTS.—Each developer or 

4 deployer shall take all reasonable measures to pro5 vide to each affected individual a direct electronic 

6 notification regarding any material change to the 

7 disclosure, in each covered language in which the 

8 disclosure is made available, and taking into account 

9 available technology and the nature of the relation10 ship with such individual. 

11 (3) LOG OF MATERIAL CHANGES.— 

12 (A) RETENTION PERIOD.—Beginning after 

13 the date of enactment of this Act, each devel14 oper or deployer shall retain a copy of each pre15 vious version of the disclosure required under 

16 subsection (a) for a period of at least 10 years 

17 after the last day on which such version was ef18 fective and publish each such version on its 

19 website. 

20 (B) LOG OF MATERIAL CHANGES.—Each 

21 developer or deployer shall make publicly avail22 able, in a clear, conspicuous, and readily acces23 sible manner, a log describing the date and na24 ture of each material change to its disclosure 

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1 paragraph (A), and such descriptions shall be 

2 sufficient for a reasonable individual to under3 stand the material effect of each material 

4 change. 

5 (C) CLARIFICATION.—The obligations de6 scribed in this paragraph shall not apply to any 

7 previous version of a developer or deployer’s 

8 disclosure of practices regarding the collection, 

9 processing, and transfer of personal data, or 

10 any material change to such disclosure, that 

11 precedes the date of enactment of this Act. 

12 (f) SHORT-FORM NOTICE.— 

13 (1) IN GENERAL.—A deployer shall provide a 

14 short-form notice regarding a covered algorithm it 

15 develops, offers, licenses, or uses in a manner that— 

16 (A) is concise, clear, conspicuous, in plain 

17 language, and not misleading; 

18 (B) is readily accessible to individuals with 

19 disabilities; 

20 (C) is based on what is reasonably antici21 pated within the context of the relationship be22 tween the individual and the deployer; 

23 (D) includes an overview of each applicable 

24 individual right and disclosure in a manner that 

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1 expected to a reasonable individual or that in2 volves a consequential action; and 

3 (E) is not more than 500 words in length. 

4 (2) TIMING OF NOTICE.— 

5 (A) EXISTING RELATIONSHIP.—If a 

6 deployer has a relationship with an individual, 

7 the deployer shall provide an electronic version 

8 of the short-form notice directly to the indi9 vidual upon the individual’s first interaction 

10 with the covered algorithm. 

11 (B) NO RELATIONSHIP.—If a deployer 

12 does not have a relationship with an individual, 

13 the deployer shall provide the short-form notice 

14 in a clear, conspicuous, accessible, and not mis15 leading manner on their website. 

16 (3) RULEMAKING.—The Commission shall pro17 mulgate regulations in accordance with section 553 

18 of title 5, United States Code, to establish the min19 imum content required to be included in the short20 form notice described in paragraph (1), which— 

21 (A) shall not exceed the content require22 ments described in subsection (b); and 

23 (B) shall include a template or model for 

24 such short-form notice. 


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1 (g) REPORTING MECHANISM.—Each developer or 

2 deployer shall make publicly available, in a clear, con3 spicuous, and readily accessible manner, a mechanism for 

4 an individual impacted by a covered algorithm to report 

5 to the developer or deployer potential violations of this 

6 Act. 

7 SEC. 302. STUDY ON EXPLANATIONS REGARDING THE USE 

8 OF COVERED ALGORITHMS. 

9 (a) STUDY.— 

10 (1) IN GENERAL.—The Commission shall con11 duct a study, with notice and public comment, on 

12 the feasibility of requiring deployers to provide a 

13 clear, conspicuous, easy-to-use, no-cost mechanism 

14 that is accessible for individuals with disabilities and 

15 allows an individual to receive an explanation as to 

16 whether and how a covered algorithm used by the 

17 deployer affects or affected an individual. 

18 (2) REQUIREMENTS.—The study required 

19 under paragraph (1) shall include the following: 

20 (A) How explanations can be provided in a 

21 manner that is clear, conspicuous, easy-to-use, 

22 no-cost, accessible to individuals with disabil23 ities, and calibrated to the level of risk based on 

24 the covered algorithm. 


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1 (B) An assessment of the feasibility of a 

2 requirement for deployers to provide a mecha3 nism for individuals who may be affected or 

4 were affected by a covered algorithm to request 

5 an explanation that— 

6 (i) includes information— 

7 (I) regarding why the covered al8 gorithm produced the result it pro9 duced with respect to the individual 

10 making the request; and 

11 (II) that is truthful, accurate, 

12 and scientifically valid; 

13 (ii) identifies at least the most signifi14 cant factors used to inform the covered al15 gorithm’s outputs; and 

16 (iii) includes any other information 

17 deemed relevant by the Commission to pro18 vide an explanation for an individual who 

19 may be affected or was affected by a cov20 ered algorithm. 

21 (C) An assessment of what information a 

22 developer must provide a deployer in order to 

23 ensure explanations can be provided to individ24 uals upon request. 


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1 (D) The extent to which current technical 

2 capabilities of covered algorithms impacts the 

3 feasibility of providing explanations. 

4 (E) How a deployer can take reasonable 

5 measures to verify the identity of an individual 

6 making a request for an explanation to ensure 

7 that the deployer provides an explanation only 

8 to the affected individual, including steps a 

9 deployer should take to ensure the safe and se10 cure storage, collection, and deletion of personal 

11 information. 

12 (F) Recommendations for Congress on how 

13 to implement regulations around mechanisms 

14 for explanations. 

15 (3) CONSULTATION.—In conducting the study 

16 required under this subsection, the Commission shall 

17 consult with the National Institute of Science of 

18 Technology, the National Telecommunications and 

19 Information Administration, the Office of Science 

20 and Technology Policy, and any other agency 

21 deemed relevant by the Commission. 

22 (b) REPORT.—Not later than 18 months after the 

23 date of enactment of this Act, the Commission shall sub24 mit to the Committee on Commerce, Science, and Trans25 portation of the Senate and the Committee on Energy and 


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1 Commerce of the House of Representatives a report that 

2 includes the findings of the study conducted under sub3 section (a), together with recommendations for such legis4 lation and administrative action as the Commission deter5 mines appropriate. 

6 SEC. 303. CONSUMER AWARENESS. 

7 (a) NOTICE OF CONSUMER RIGHTS.— 

8 (1) IN GENERAL.—Not later than 90 days after 

9 the date of enactment of this Act, the Commission 

10 shall publish, on the internet website of the Commis11 sion, a web page that describes each provision, right, 

12 obligation, and requirement of this Act (categorized 

13 with respect to individuals, deployers, and devel14 opers) and the remedies, exemptions, and protections 

15 associated with this Act, in plain and concise lan16 guage, in each covered language, and in an easy-to17 understand manner. 

18 (2) UPDATES.—The Commission shall update 

19 the information published under paragraph (1) on a 

20 quarterly basis as necessitated by any change in law, 

21 regulation, guidance, or judicial decision. 

22 (b) ANNUAL REPORT.—Not later than 2 years after 

23 the date of enactment of this Act, and annually thereafter, 

24 the Commission shall publish on the internet website of 

25 the Commission a report that— 


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1 (1) describes and summarizes the information 

2 contained in any pre-deployment evaluation, impact 

3 assessment, and developer review submitted to the 

4 Commission in accordance with this Act; 

5 (2) describes broad trends, aggregated statis6 tics, and anonymized information about performing 

7 impact assessments of covered algorithms, for the 

8 purposes of updating guidance related to impact as9 sessments and summary reporting, oversight, and 

10 making recommendations to other regulatory agen11 cies; and 

12 (3) is accessible and machine readable in ac13 cordance with the 21st Century Integrated Digital 

14 Experience Act (44 U.S.C. 3501 note). 

15 (c) PUBLICLY ACCESSIBLE REPOSITORY.— 

16 (1) ESTABLISHMENT.— 

17 (A) IN GENERAL.—Not later than 180 

18 days after the Commission publishes the first 

19 annual report under subsection (b), the Com20 mission shall develop a publicly accessible repos21 itory to publish each pre-deployment evaluation, 

22 impact assessment, and developer review sub23 mitted to the Commission in accordance with 

24 section 102. 


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1 (B) REQUIREMENTS.—The Commission 

2 shall design the repository established under 

3 subparagraph (A) to— 

4 (i) be publicly available and easily dis5 coverable on the internet website of the 

6 Commission; 

7 (ii) allow users to sort and search the 

8 repository by multiple characteristics (such 

9 as by developer or deployer and date re10 ported) simultaneously; 

11 (iii) allow users to make a copy of or 

12 download the information obtained from 

13 the repository, including any subsets of in14 formation obtained by sorting or searching 

15 as described in clause (ii), in accordance 

16 with current guidance from the Office of 

17 Management and Budget, such as the 

18 Open, Public, Electronic, and Necessary 

19 Government Data Act (44 U.S.C. 101 

20 note); 

21 (iv) be in accordance with user experi22 ence and accessibility best practices, such 

23 as those described in the 21st Century In24 tegrated Digital Experience Act (44 U.S.C. 

25 3501 note); and 


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1 (v) include information about the de2 sign, use, and maintenance of the reposi3 tory, including any other information de4 termined appropriate by the Commission. 

5 (2) PUBLICATION OF ADDITIONAL SUM6 MARIES.—The Commission shall publish in the re7 pository any pre-deployment evaluation, impact as8 sessment, and developer review not later than 30 

9 days after receiving such evaluation, assessment, or 

10 review, except if the Commission has good cause to 

11 delay such publication. 

12 (3) TRADE SECRETS AND PRIVACY.—The Com13 mission— 

14 (A) may redact and segregate any trade 

15 secret (as defined in section 1839 of title 18, 

16 United States Code) from public disclosure 

17 under this subsection; and 

18 (B) shall redact and segregate personal 

19 data from public disclosure under this sub20 section. 

21 TITLE IV—ENFORCEMENT 

22 SEC. 401. ENFORCEMENT BY THE COMMISSION. 

23 (a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 

24 A violation of title I, II, or III or a regulation promulgated 

25 thereunder shall be treated as a violation of a rule defining 


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1 an unfair or deceptive act or practice under section 

2 18(a)(1)(B) of the Federal Trade Commission Act (15 

3 U.S.C. 57a(a)(1)(B)). 

4 (b) POWERS OF THE COMMISSION.— 

5 (1) IN GENERAL.—Except as provided in sub6 section (c), the Commission shall enforce this Act 

7 and the regulations promulgated under this Act in 

8 the same manner, by the same means, and with the 

9 same jurisdiction, powers, and duties as though all 

10 applicable terms and provisions of the Federal Trade 

11 Commission Act (15 U.S.C. 41 et seq.) were incor12 porated into and made a part of this Act. 

13 (2) PRIVILEGES AND IMMUNITIES.—Any person 

14 who violates title I, II, or III or a regulation promul15 gated thereunder shall be subject to the penalties 

16 and entitled to the privileges and immunities pro17 vided in the Federal Trade Commission Act (15 

18 U.S.C. 41 et seq.). 

19 (3) AUTHORITY PRESERVED.—Nothing in this 

20 Act shall be construed to limit the authority of the 

21 Commission under any other provision of law. 

22 (4) RULEMAKING.—The Commission may pro23 mulgate in accordance with section 553 of title 5, 

24 United States Code, such rules as may be necessary 

25 to carry out this Act. 


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1 (c) JURISDICTION .—Notwithstanding section 4, 

2 5(a)(2), or 6 of the Federal Trade Commission Act (15 

3 U.S.C. 44, 45(a)(2), 46) or any jurisdictional limitation 

4 of the Commission, the Commission shall also enforce this 

5 Act and the regulations promulgated under this Act, in 

6 the same manner provided in subsections (a) and (b), with 

7 respect to— 

8 (1) organizations not organized to carry on 

9 business for their own profit or that of their mem10 bers; 

11 (2) common carriers subject to the Communica12 tions Act of 1934 (47 U.S.C. 151 et seq.) and all 

13 Acts amendatory thereof and supplementary thereto; 

14 (3) a bank, savings and loan institution de15 scribed in section 18(f)(3) of the Federal Trade 

16 Commission Act (15 U.S.C. 57a(f)(3)), or Federal 

17 credit union described in section 18(f)(4) of such 

18 Act; 

19 (4) an air carrier or foreign air carrier subject 

20 to the Federal Aviation Act of 1958 (49 U.S.C. App. 

21 1301 et seq.); or 

22 (5) a person, partnership, or corporation sub23 ject to the Packers and Stockyards Act, 1921 (7 

24 U.S.C. 181 et seq.), as amended. 


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1 SEC. 402. ENFORCEMENT BY STATES. 

2 (a) IN GENERAL.—In any case in which the attorney 

3 general of a State or a State data protection authority 

4 has reason to believe that an interest of the residents of 

5 the State has been or is threatened or adversely affected 

6 by the engagement of a person in a practice that violates 

7 title I, II, or III, or a regulation promulgated thereunder, 

8 the attorney general may, as parens patriae, bring a civil 

9 action on behalf of the residents of the State in an appro10 priate Federal district court of the United States that 

11 meets applicable requirements relating to venue under sec12 tion 1391 of title 28, United States Code, to— 

13 (1) enjoin any such violation by the person; 

14 (2) enforce compliance with the requirements of 

15 this Act; 

16 (3) obtain a permanent, temporary, or prelimi17 nary injunction or other appropriate equitable relief; 

18 (4) obtain civil penalties in the amount of 

19 $15,000 per violation, or 4 percent of the defend20 ant’s average gross annual revenue over the pre21 ceding 3 years, whichever is greater; 

22 (5) obtain damages, restitution, or other com23 pensation on behalf of the residents of such State; 

24 (6) obtain reasonable attorneys’ fees and litiga25 tion costs; and 


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1 (7) obtain such other relief as the court may 

2 consider to be appropriate. 

3 (b) RIGHTS OF THE COMMISSION.— 

4 (1) NOTICE TO THE COMMISSION.— 

5 (A) IN GENERAL.—Subject to subpara6 graph (C), the attorney general of a State shall 

7 notify the Commission in writing that the attor8 ney general intends to bring a civil action under 

9 subsection (a) before the filing of the civil ac10 tion. 

11 (B) CONTENTS.—The notification required 

12 under subparagraph (A) with respect to a civil 

13 action shall include a copy of the complaint to 

14 be filed to initiate the civil action. 

15 (C) EXCEPTION.—The notification de16 scribed in subparagraph (A) shall not be re17 quired if the attorney general of the State de18 termines that it is not feasible to provide such 

19 notice before filing the action. 

20 (2) INTERVENTION BY THE COMMISSION.— 

21 Upon receiving notice under paragraph (1), the 

22 Commission shall have the right to intervene in the 

23 action that is the subject of the notice. 


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1 (3) EFFECT OF INTERVENTION.—If the Com2 mission intervenes in an action under subsection (a), 

3 it shall have the right— 

4 (A) to be heard with respect to any matter 

5 that arises in that action; and 

6 (B) file a petition for appeal. 

7 (c) INVESTIGATORY POWERS.—Nothing in this sec8 tion may be construed to prevent the attorney general of 

9 a State from exercising the powers conferred on the attor10 ney general by the laws of the State to— 

11 (1) conduct investigations; 

12 (2) administer oaths or affirmations; or 

13 (3) compel the attendance of witnesses or the 

14 production of documentary or other evidence. 

15 SEC. 403. PRIVATE RIGHT OF ACTION. 

16 (a) ENFORCEMENT BY INDIVIDUALS.— 

17 (1) IN GENERAL.—Any individual or class of in18 dividuals alleging a violation of title I, II, or III, or 

19 a regulation promulgated thereunder, may bring a 

20 civil action in any court of competent jurisdiction. 

21 (2) RELIEF.—In a civil action brought under 

22 paragraph (1) in which the plaintiff prevails, the 

23 court may award— 

24 (A) treble damages or $15,000 per viola25 tion, whichever is greater; 


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1 (B) nominal damages; 

2 (C) punitive damages; 

3 (D) reasonable attorney’s fees and litiga4 tion costs; and 

5 (E) any other relief, including equitable or 

6 declaratory relief, that the court determines ap7 propriate. 

8 (3) RIGHTS OF THE COMMISSION AND STATE

9 ATTORNEYS GENERAL.— 

10 (A) IN GENERAL.—Prior to an individual 

11 bringing a civil action under paragraph (1), 

12 such individual shall notify the Commission and 

13 the attorney general of the State where such in14 dividual resides, in writing and including a de15 scription of the allegations included in the civil 

16 action, that such individual intends to bring a 

17 civil action under such paragraph. Not later 

18 than 60 days after receiving such notice, the 

19 Commission and State attorney general shall 

20 each or jointly make a determination and re21 spond to such individual as to whether they will 

22 intervene in such action. The Commission and 

23 State attorney general shall have a right to in24 tervene in any civil action under paragraph (1), 

25 and upon intervening, to be heard on all matVerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S5152.IS S5152

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1 ters arising in such action and file petitions for 

2 appeal of a decision in such action. If a State 

3 attorney general does intervene, they shall only 

4 be heard with respect to the interests of the 

5 residents of their State. 

6 (B) RETAINED AUTHORITY.—Subpara7 graph (A) shall not be construed to limit the 

8 authority of the Commission or any applicable 

9 State attorney general to, at a later date, com10 mence a civil action or intervene by motion if 

11 the Commission or State attorney general does 

12 not commence a proceeding or civil action with13 in the 60-day period described in such subpara14 graph. 

15 (b) INVALIDITY OF PRE-DISPUTE ARBITRATION

16 AGREEMENTS AND PRE-DISPUTE JOINT ACTION WAIV17 ERS.— 

18 (1) IN GENERAL.—Notwithstanding any other 

19 provision of law, no pre-dispute arbitration agree20 ment or pre-dispute joint action waiver shall be valid 

21 or enforceable with regard to a dispute arising under 

22 this Act. 

23 (2) APPLICABILITY.—Any determination as to 

24 whether or how this subsection applies to any dis25 pute shall be made by a court, rather than an arbiVerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S5152.IS S5152

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1 trator, without regard to whether such agreement 

2 purports to delegate such determination to an arbi3 trator. 

4 (3) DEFINITIONS.—For purposes of this sub5 section: 

6 (A) PRE-DISPUTE ARBITRATION AGREE7 MENT.—The term ‘‘pre-dispute arbitration 

8 agreement’’ means any agreement to arbitrate a 

9 dispute that has not arisen at the time of the 

10 making of the agreement. 

11 (B) PRE-DISPUTE JOINT-ACTION WAIV12 ER.—The term ‘‘pre-dispute joint-action waiv13 er’’ means an agreement, whether or not part 

14 of a pre-dispute arbitration agreement, that 

15 would prohibit or waive the right of 1 of the 

16 parties to the agreement to participate in a 

17 joint, class, or collective action in a judicial, ar18 bitral, administrative, or other related forum, 

19 concerning a dispute that has not yet arisen at 

20 the time of the making of the agreement. 

21 SEC. 404. SEVERABILITY. 

22 If any provision of this Act, or the application thereof 

23 to any person or circumstance, is held invalid, the remain24 der of this Act, and the application of such provision to 


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1 other persons not similarly situated or to other cir2 cumstances, shall not be affected by the invalidation. 

3 SEC. 405. RULES OF CONSTRUCTION. 

4 Nothing in this Act shall be construed to— 

5 (1) waive or otherwise limit any requirement 

6 under the National Labor Relations Act (29 U.S.C. 

7 151 et seq.) for an employer (as such term is de8 fined in section 2 of such Act (29 U.S.C. 152)) to 

9 bargain collectively regarding the deployment or ef10 fects of a covered algorithm; 

11 (2) absolve an employer of any obligation to en12 sure a covered algorithm and its effects comply with 

13 health and safety laws; 

14 (3) allow an employer to deploy a covered algo15 rithm that interferes with the rights of employees 

16 under any Federal, State, or local law; or 

17 (4) absolve any other duty or requirement 

18 under any other Federal, State, or local law. 

19 TITLE V—FEDERAL RESOURCES 

20 SEC. 501. OCCUPATIONAL SERIES RELATING TO ALGO21 RITHM AUDITING. 

22 Not later than 270 days after the date of enactment 

23 of this Act, the Director of the Office of Personnel Man24 agement shall exercise the authority of the Director under 

25 section 5105 of title 5, United States Code, to establish 


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1 a new occupational series and associated policies covering 

2 Federal Government positions in the field of algorithm au3 diting (as described in the report of the Government Ac4 countability Office entitled ‘‘Artificial Intelligence: An Ac5 countability Framework for Federal Agencies and Other 

6 Entities’’ (GAO–21–519SP), dated June 30, 2021), which 

7 shall include algorithm auditing practices, platform audit8 ing, evaluation and assessment of artificial intelligence 

9 systems, computer security, independent evaluation and 

10 audits of computer systems, data science, statistics, audit11 ing of anticompetitive practices, and related fields. 

12 SEC. 502. UNITED STATES DIGITAL SERVICE ALGORITHM 

13 AUDITORS. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of enactment of this Act, the Administrator of the 

16 United States Digital Service shall— 

17 (1) establish a track for algorithm auditing; 

18 and 

19 (2) hire algorithm audit practitioners. 

20 (b) FTC PRIORITY.—The Administrator of the 

21 United States Digital service, in coordination with the 

22 Commission, shall ensure— 

23 (1) the algorithm auditing track staffing and 

24 expertise meets the needs of the Commission and 

25 other relevant Federal agencies with obligations to 


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1 implement Office of Management and Budget 

2 Memorandum M–24–10; and 

3 (2) once hired, algorithm auditing track per4 sonnel and projects prioritize the efforts of the Com5 mission. 

6 SEC. 503. ADDITIONAL FEDERAL RESOURCES. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Commission and 

9 other Federal agencies enumerated in this Act such sums 

10 as may be necessary to carry out this Act. 

11 (b) COMMISSION PERSONNEL.—Notwithstanding any 

12 other provision of law, the Commission may hire not more 

13 than 500 additional personnel to accomplish the work of 

14 the Commission with respect to unfair or deceptive acts 

15 or practices relating to the development or deployment of 

16 covered algorithms in accordance with this Act. 

Æ 


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